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| Public Act 098-0372
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| HB0827 Enrolled | LRB098 03662 RLC 33678 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Rights of Crime Victims and Witnesses Act is |
amended by changing Section 4.5 as follows:
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(725 ILCS 120/4.5)
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Sec. 4.5. Procedures to implement the rights of crime |
victims. To afford
crime victims their rights, law enforcement, |
prosecutors, judges and
corrections will provide information, |
as appropriate of the following
procedures:
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(a) At the request of the crime victim, law enforcement |
authorities
investigating the case shall provide notice of the |
status of the investigation,
except where the State's Attorney |
determines that disclosure of such
information would |
unreasonably interfere with the investigation, until such
time |
as the alleged assailant is apprehended or the investigation is |
closed.
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(a-5) When law enforcement authorities re-open a closed |
case to resume investigating, they shall provide notice of the |
re-opening of the case, except where the State's Attorney |
determines that disclosure of such information would |
unreasonably interfere with the investigation. |
(b) The office of the State's Attorney:
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(1) shall provide notice of the filing of information, |
the return of an
indictment by which a prosecution for any |
violent crime is commenced, or the
filing of a petition to |
adjudicate a minor as a delinquent for a violent
crime;
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(2) shall provide notice of the date, time, and place |
of trial;
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(3) or victim advocate personnel shall provide |
information of social
services and financial assistance |
available for victims of crime, including
information of |
how to apply for these services and assistance;
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(3.5) or victim advocate personnel shall provide |
information about available victim services, including |
referrals to programs, counselors, and agencies that |
assist a victim to deal with trauma, loss, and grief;
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(4) shall assist in having any stolen or other personal |
property held by
law enforcement authorities for |
evidentiary or other purposes returned as
expeditiously as |
possible, pursuant to the procedures set out in Section |
115-9
of the Code of Criminal Procedure of 1963;
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(5) or victim advocate personnel shall provide |
appropriate employer
intercession services to ensure that |
employers of victims will cooperate with
the criminal |
justice system in order to minimize an employee's loss of |
pay and
other benefits resulting from court appearances;
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(6) shall provide information whenever possible, of a |
secure waiting
area during court proceedings that does not |
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require victims to be in close
proximity to defendant or |
juveniles accused of a violent crime, and their
families |
and friends;
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(7) shall provide notice to the crime victim of the |
right to have a
translator present at all court proceedings |
and, in compliance with the federal Americans
with |
Disabilities Act of 1990, the right to communications |
access through a
sign language interpreter or by other |
means;
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(8) in the case of the death of a person, which death |
occurred in the same
transaction or occurrence in which |
acts occurred for which a defendant is
charged with an |
offense, shall notify the spouse, parent, child or sibling |
of
the decedent of the date of the trial of the person or |
persons allegedly
responsible for the death;
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(9) shall inform the victim of the right to have |
present at all court
proceedings, subject to the rules of |
evidence, an advocate or other support
person of the |
victim's choice, and the right to retain an attorney, at |
the
victim's own expense, who, upon written notice filed |
with the clerk of the
court and State's Attorney, is to |
receive copies of all notices, motions and
court orders |
filed thereafter in the case, in the same manner as if the |
victim
were a named party in the case;
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(9.5) shall inform the victim of (A) the victim's right |
under Section 6 of this Act to make a victim impact |
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statement at the sentencing hearing; (B) the right of the |
victim's spouse, guardian, parent, grandparent and other |
immediate family and household members under Section 6 of |
this Act to present an impact statement at sentencing; and |
(C) if a presentence report is to be prepared, the right of |
the victim's spouse, guardian, parent, grandparent and |
other immediate family and household members to submit |
information to the preparer of the presentence report about |
the effect the offense has had on the victim and the |
person;
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(10) at the sentencing hearing shall make a good faith |
attempt to explain
the minimum amount of time during which |
the defendant may actually be
physically imprisoned. The |
Office of the State's Attorney shall further notify
the |
crime victim of the right to request from the Prisoner |
Review Board
information concerning the release of the |
defendant under subparagraph (d)(1)
of this Section;
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(11) shall request restitution at sentencing and shall |
consider
restitution in any plea negotiation, as provided |
by law; and
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(12) shall, upon the court entering a verdict of not |
guilty by reason of insanity, inform the victim of the |
notification services available from the Department of |
Human Services, including the statewide telephone number, |
under subparagraph (d)(2) of this Section. |
(c) At the written request of the crime victim, the office |
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of the State's
Attorney shall:
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(1) provide notice a reasonable time in advance of the |
following court
proceedings: preliminary hearing, any |
hearing the effect of which may be the
release of defendant |
from custody, or to alter the conditions of bond and the
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sentencing hearing. The crime victim shall also be notified |
of the
cancellation of the court proceeding in sufficient |
time, wherever possible, to
prevent an unnecessary |
appearance in court;
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(2) provide notice within a reasonable time after |
receipt of notice from
the custodian, of the release of the |
defendant on bail or personal recognizance
or the release |
from detention of a minor who has been detained for a |
violent
crime;
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(3) explain in nontechnical language the details of any |
plea or verdict of
a defendant, or any adjudication of a |
juvenile as a delinquent for a violent
crime;
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(4) where practical, consult with the crime victim |
before the Office of
the State's Attorney makes an offer of |
a plea bargain to the defendant or
enters into negotiations |
with the defendant concerning a possible plea
agreement, |
and shall consider the written victim impact statement, if |
prepared
prior to entering into a plea agreement;
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(5) provide notice of the ultimate disposition of the |
cases arising from
an indictment or an information, or a |
petition to have a juvenile adjudicated
as a delinquent for |
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a violent crime;
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(6) provide notice of any appeal taken by the defendant |
and information
on how to contact the appropriate agency |
handling the appeal;
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(7) provide notice of any request for post-conviction |
review filed by the
defendant under Article 122 of the Code |
of Criminal Procedure of 1963, and of
the date, time and |
place of any hearing concerning the petition. Whenever
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possible, notice of the hearing shall be given in advance;
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(8) forward a copy of any statement presented under |
Section 6 to the
Prisoner Review Board to be considered by |
the Board in making its determination
under subsection (b) |
of Section 3-3-8 of the Unified Code of Corrections.
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(d) (1) The Prisoner Review Board shall inform a victim or |
any other
concerned citizen, upon written request, of the |
prisoner's release on parole,
mandatory supervised release, |
electronic detention, work release, international transfer or |
exchange, or by the
custodian of the discharge of any |
individual who was adjudicated a delinquent
for a violent crime |
from State custody and by the sheriff of the appropriate
county |
of any such person's final discharge from county custody.
The |
Prisoner Review Board, upon written request, shall provide to a |
victim or
any other concerned citizen a recent photograph of |
any person convicted of a
felony, upon his or her release from |
custody.
The Prisoner
Review Board, upon written request, shall |
inform a victim or any other
concerned citizen when feasible at |
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least 7 days prior to the prisoner's release
on furlough of the |
times and dates of such furlough. Upon written request by
the |
victim or any other concerned citizen, the State's Attorney |
shall notify
the person once of the times and dates of release |
of a prisoner sentenced to
periodic imprisonment. Notification |
shall be based on the most recent
information as to victim's or |
other concerned citizen's residence or other
location |
available to the notifying authority.
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(2) When the defendant has been committed to the Department |
of
Human Services pursuant to Section 5-2-4 or any other
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provision of the Unified Code of Corrections, the victim may |
request to be
notified by the releasing authority of the |
approval by the court of an on-grounds pass, a supervised |
off-grounds pass, an unsupervised off-grounds pass, or |
conditional release; the release on an off-grounds pass; the |
return from an off-grounds pass; transfer to another facility; |
conditional release; escape; death; or final discharge from |
State
custody. The Department of Human Services shall establish |
and maintain a statewide telephone number to be used by victims |
to make notification requests under these provisions and shall |
publicize this telephone number on its website and to the |
State's Attorney of each county.
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(3) In the event of an escape from State custody, the |
Department of
Corrections or the Department of Juvenile Justice |
immediately shall notify the Prisoner Review Board of the |
escape
and the Prisoner Review Board shall notify the victim. |
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The notification shall
be based upon the most recent |
information as to the victim's residence or other
location |
available to the Board. When no such information is available, |
the
Board shall make all reasonable efforts to obtain the |
information and make
the notification. When the escapee is |
apprehended, the Department of
Corrections or the Department of |
Juvenile Justice immediately shall notify the Prisoner Review |
Board and the Board
shall notify the victim.
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(4) The victim of the crime for which the prisoner has been |
sentenced
shall receive reasonable written notice not less than |
30 days prior to the
parole interview and may submit, in |
writing, on film, videotape or other
electronic means or in the |
form of a recording or in person at the parole
interview
or if |
a victim of a violent crime, by calling the
toll-free number |
established in subsection (f) of this Section, information
for
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consideration by the Prisoner Review Board. The
victim shall be |
notified within 7 days after the prisoner has been granted
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parole and shall be informed of the right to inspect the |
registry of parole
decisions, established under subsection (g) |
of Section 3-3-5 of the Unified
Code of Corrections. The |
provisions of this paragraph (4) are subject to the
Open Parole |
Hearings Act.
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(5) If a statement is presented under Section 6, the |
Prisoner Review Board
shall inform the victim of any order of |
discharge entered by the Board pursuant
to Section 3-3-8 of the |
Unified Code of Corrections.
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(6) At the written request of the victim of the crime for |
which the
prisoner was sentenced or the State's Attorney of the |
county where the person seeking parole was prosecuted, the |
Prisoner Review Board shall notify the victim and the State's |
Attorney of the county where the person seeking parole was |
prosecuted of
the death of the prisoner if the prisoner died |
while on parole or mandatory
supervised release.
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(7) When a defendant who has been committed to the |
Department of
Corrections, the Department of Juvenile Justice, |
or the Department of Human Services is released or discharged |
and
subsequently committed to the Department of Human Services |
as a sexually
violent person and the victim had requested to be |
notified by the releasing
authority of the defendant's |
discharge, conditional release, death, or escape from State |
custody, the releasing
authority shall provide to the |
Department of Human Services such information
that would allow |
the Department of Human Services to contact the victim.
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(8) When a defendant has been convicted of a sex offense as |
defined in Section 2 of the Sex Offender Registration Act and |
has been sentenced to the Department of Corrections or the |
Department of Juvenile Justice, the Prisoner Review Board shall |
notify the victim of the sex offense of the prisoner's |
eligibility for release on parole,
mandatory supervised |
release, electronic detention, work release, international |
transfer or exchange, or by the
custodian of the discharge of |
any individual who was adjudicated a delinquent
for a sex |
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offense from State custody and by the sheriff of the |
appropriate
county of any such person's final discharge from |
county custody. The notification shall be made to the victim at |
least 30 days, whenever possible, before release of the sex |
offender. |
(e) The officials named in this Section may satisfy some or |
all of their
obligations to provide notices and other |
information through participation in a
statewide victim and |
witness notification system established by the Attorney
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General under Section 8.5 of this Act.
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(f) To permit a victim of a violent crime to provide |
information to the
Prisoner Review Board for consideration by |
the
Board at a parole hearing of a person who committed the |
crime against
the victim in accordance with clause (d)(4) of |
this Section or at a proceeding
to determine the conditions of |
mandatory supervised release of a person
sentenced to a |
determinate sentence or at a hearing on revocation of mandatory
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supervised release of a person sentenced to a determinate |
sentence, the Board
shall establish a toll-free number that may |
be accessed by the victim of
a violent crime to present that |
information to the Board.
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(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10; |
97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12; |
97-815, eff. 1-1-13.)
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Section 10. The Unified Code of Corrections is amended by |
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changing Section 5-3-2 as follows:
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(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
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Sec. 5-3-2. Presentence Report.
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(a) In felony cases, the presentence
report shall set |
forth:
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(1) the defendant's history of delinquency or |
criminality,
physical and mental history and condition, |
family situation and
background, economic status, |
education, occupation and personal habits;
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(2) information about special resources within the |
community
which might be available to assist the |
defendant's rehabilitation,
including treatment centers, |
residential facilities, vocational
training services, |
correctional manpower programs, employment
opportunities, |
special educational programs, alcohol and drug
abuse |
programming, psychiatric and marriage counseling, and |
other
programs and facilities which could aid the |
defendant's successful
reintegration into society;
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(3) the effect the offense committed has had upon the |
victim or
victims thereof, and any compensatory benefit |
that various
sentencing alternatives would confer on such |
victim or victims;
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(3.5) information provided by the victim's spouse, |
guardian, parent, grandparent, and other immediate family |
and household members about the effect the offense |
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committed has had on the victim and on the person providing |
the information; if the victim's spouse, guardian, parent, |
grandparent, or other immediate family or household member |
has provided a written statement, the statement shall be |
attached to the report; |
(4) information concerning the defendant's status |
since arrest,
including his record if released on his own |
recognizance, or the
defendant's achievement record if |
released on a conditional
pre-trial supervision program;
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(5) when appropriate, a plan, based upon the personal, |
economic
and social adjustment needs of the defendant, |
utilizing public and
private community resources as an |
alternative to institutional
sentencing;
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(6) any other matters that the investigatory officer |
deems
relevant or the court directs to be included; and
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(7) information concerning defendant's eligibility for |
a sentence to a
county impact incarceration program under |
Section 5-8-1.2 of this Code.
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(b) The investigation shall include a physical and mental
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examination of the defendant when so ordered by the court. If
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the court determines that such an examination should be made, |
it
shall issue an order that the defendant submit to |
examination at
such time and place as designated by the court |
and that such
examination be conducted by a physician, |
psychologist or
psychiatrist designated by the court. Such an |
examination may
be conducted in a court clinic if so ordered by |
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the court. The
cost of such examination shall be paid by the |
county in which
the trial is held.
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(b-5) In cases involving felony sex offenses in which the |
offender is being considered for probation only or any felony |
offense that is
sexually motivated as defined in the Sex |
Offender Management Board Act in which the offender is being |
considered for probation only, the
investigation shall include |
a sex offender evaluation by an evaluator approved
by the Board |
and conducted in conformance with the standards developed under
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the Sex Offender Management Board Act. In cases in which the |
offender is being considered for any mandatory prison sentence, |
the investigation shall not include a sex offender evaluation.
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(c) In misdemeanor, business offense or petty offense |
cases, except as
specified in subsection (d) of this Section, |
when a presentence report has
been ordered by the court, such |
presentence report shall contain
information on the |
defendant's history of delinquency or criminality and
shall |
further contain only those matters listed in any of paragraphs |
(1)
through (6) of subsection (a) or in subsection (b) of this |
Section as are
specified by the court in its order for the |
report.
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(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or |
12-30 of the Criminal
Code of 1961 or the Criminal Code of |
2012, the presentence report shall set forth
information about |
alcohol, drug abuse, psychiatric, and marriage counseling
or |
other treatment programs and facilities, information on the |
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defendant's
history of delinquency or criminality, and shall |
contain those additional
matters listed in any of paragraphs |
(1) through (6) of subsection (a) or in
subsection (b) of this |
Section as are specified by the court.
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(e) Nothing in this Section shall cause the defendant to be
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held without bail or to have his bail revoked for the purpose
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of preparing the presentence report or making an examination.
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(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section |
970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. |
7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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